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PLANNING & ZONING BOARD MEETING h ACTION AGENDA
Tuesday, August 20, 1996
Call To Order, Invocation, Pledge of Allegiance
Minutes Approval u July 16, 1996 _. Approved as corrected
B. Requests for Extension, Deferred and Continued Items
81. B.J.E..lnc./Pelican Two. Inc./Jammin'z of Clearwater Beach. Inc. To permit
nightclubs, taverns and bars (change of business ownership) at 470 Mandalay Ave.,
Clearwater Beach Park 1st Addition Replat, 8lk A, Lots 2-8, Clearwater Beach Park
1st Addition, Blk B, lots 32-43 and vacated alley, and Clearwater Beach Park, lots
43-48, 65-71, and part of lot 64, zoned CB (Beach Commercial) and CR 28 (Resort
Commercial.) CU 96-29
ACTION: Denied
82. Time Extension Request - Osama r. Khazendar (Nurserv Amoco) to permit package
sales only of beer and wine (new license) at 18698 U.S. 19, Sec. 19-29-16,
M&B 41.12, zoned CH (Highway Commercial.) CU 96-09
ACTION: Approved a six month time extension to February 20, 1997
c. Conditional Uses
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'.,......,1 C.1 Judv Kugler/Multi Media Distribution Corporation, to permit indoor storage and/or
warehousing at 1610 North Myrtle Avenue, E.A.' Marshall's Sub, part of lots 1 &
14 together with Lesley's Sub, Lot 6, and Bayview Heights 111t Add, part of Lot 1,
zone (lnfill Commercial). CU 96~32
ACTION: Approved subject to the following conditions: 1) The applicant shall
obtain the requisite building permit, certificate of occupancy and occupational license
within six months from the date of this public hearing; 2) All site lighting shall be equipped
with a 900 cutoff mechanism, with the light being directed downward and away from
adjoining resi(,tential properties and street rights-of~way prior to issuance of the requisite
occupational license; 3) Shipping and receiving activities shall not occur between the hours
of 10:00 p.m. and 7:00 a.m. Monday through Saturday, with no deliveries on Sundays;
4) No tractor-trailers shall be used in the wholesale and distribution operation; 5) The site
shall meet the landscaping requirements of the land Development Code. as recommended
and enforced by staff; and 6) the proposed addition shall be constructed in a similar
architectural style as the existing building and shall not present a "blank facade" to either
N. Myrtle nor N. Ft. Harrison Avenues, as determined by the City's Design Planner.
C.2 Bav Bazaar PartnershiD (Lucky Garden Chinese & Seafood Restaurant) to permit
restaurants in excess of 10% of gross floor area of a retail complex at
733 South Gulfview Boulevard, Bayside Shores, Blk C, Lots 1-10, zoned CB
(Beach Commercial), CU 96-33
ACTION: Approved subject to the following conditions: 1) The applicant shall
obtain the requisite building permit, certificate of occupancy and occupational license
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within six months from the date of this public hearing; and 2) All site lighting shall be
equipped with a 900 cutoff mechanism, with the light being directed downward and away
from adjoining residential properties and street rights-of~way prior to issuance of the
requisite occupational license.
C.3 Alan C. Bomstein/Nancv Bomstein (Incredible Edibles) to permit package sales only
of beer and wine (new license) at 618 Drew Street, Jones Sub of Nicholson's, Blk
6, Lots 3,4, and 5 and part of lots 2 and 6, zoned UC (C) (Urban Center (Core)).
CU 96-34
ACTION: Approved subject to the following conditions: 1) The applicant shall
obtain the requisite building permit. certificate of occupancy and occupational license
within six months from the date of this public hearing; and 2) All site lighting shall be
equipped with a 90Q cutoff mechanism, with the light being directed downward and away
from adjoining residential properties and street rights-of-way prior to issuance of the
requisite occupational license.
CA Workbench. Inc. (GreenBenches & More) to permit outdoor retail sales, displays
and/or storage at 703 Franklin Street, Magnolia Park. Blk 11, part of Lots 2.3,8, &
9, zoned UC(CI (Urban Center(Core)). CU 96-35
ACTION: Approved subject to the following conditions: 1) The applicant shall
obtain the requisite building permit, certificate of occupancy and occupational license
within six months from the date of this public hearing; and 2) All site lighting shall be
equipped with a 90D cutoff mechanism, with the light being directed downward and away
~''''I\ from adjoining residential properties and street rights~of.way prior to issuance of the
~,!.,-! requisite occupational license.
C.5 ~Ybil M. & Stephen C. Osbura (Burninq Bridges Desio" Studio) to permit
manufacturing at 700 Court Street. Magnolia Park. Blk 11.' part of Lots 9 & 10,
zoned UC(C)(Urban Center(Core)). CU 96-36
ACTION: Approved subject to the following conditions: 1) The applicant shall
obtain the requisite building permit, certificate of occupancy and occupational license
within six months from the date of this public hearing; 2) All site lighting shall be equipped
with a 90Q cutoff mechanism, with the light being directed downward and away from
adjoining residential properties and street rights-ot-way prior to issuance of the requisite
occupational license; 3) All proposed signage shall be in compliance with the City sign
code; and 4) Any exterior changes to the building, signs, or site will require approval by the
Design Review Board, as determined by the City's Design Planner.
C.G Time Warner Communications/Paranon communications to permit a utility facility
(remote switching station) at 620 Druid Road, Magnolia Park. Blk 27. part of Lot 7,
zoned OL (Limited Office). CU 96-37
ACTION: Approved subject to the following conditions: 1) The applicant shall
obtain the requisite building permit, certificate of occupancy and occupational license
within six months from the date of this public hearing; 2) All site lighting shall be equipped
with a 90Q cutoff mechanism, with the light being directed downward and away from
adjoining residential properties and street rights~of-way prior to issuance of the requisite
occupational license; 3) The structure must be constructed in an architectural style similar
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to a rssidence or office building and shall not present a Nblank" facade to Druid Road, as
determined by the City's Design Planner; 4) A variance to the lot width must be obtained
from the Development Code Adjustment Board; 5) Due to the location of the facility,
landscaping shall exceed code requirements and a landscaping plan shall be reviewed and
approved by Environmental Management and Central Permitting staff; 6) Solid waste
pickup shall be by 90-gallon container only; and 7) The site plan shall undergo
Development Review Committee review.
Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text
Amendment, and Local Planning Agency Review
0.1 1460 Sunset Point Road, Sunset Highlands Unit 2, lot 11 (Betty P. Rawlings, TRE)
A 96-24, Zone: RS 8 (Single Family Residential)
~CT10N: Endorsed to the City Commission
0.2 20162 US 19 N. Sec. 18-29-16, part of M & B 44.04, Sever Park, part of Lot 3
(Aso J. & Katherine J. Lewis) Z 96-07i LUP 96-04
ACTION: Endorsed to the City Commission
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0.3 Ordinance No. 6072-96 of the City of Clearwater, Florida, amending the
Comprehensive Plan of the City, including amendments to the future land use
element as required by Florida Statute 163, related to the Public Education Facility
Siting Act; providing an effective date.
ACT'ON: Endorsed to the City Commission
0.4 Ordinance No. 6076-96 of the City of Clearwater, Florida, relating to the land
Development Code; amending Sections 40.034, 40.043. 40.084, 40.104, and
40.053, Code of Ordinances, to allow noncommercial parking as a conditional use
in single family residential districts, to identify applicable standards therefor;
providing an effective date.
ACTION: Endorsed to the City Commission
Board and Staff Comments -- Discussion
1 . Planning & Zoning Board Annual Report to the City Commission
2. lobbyist Registration Ordinance
3. Mandalay Streetscape Slide Presentation
Adjournment -- 5: 19 p.m.
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
August 20. 1996
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Present:
Jay Keyes
Brenda Harris Nixon
Edward Mazur
Kemper Merriam
Robert D. Bickerstaffe
Bernie Baron
Frank Kunnen
Scott Shuford (arrived 4: 1 0 p.m.)
Leslie Dougall-Sides
Lou Hilton
Gwen Legters
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Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
,Central Permitting Director
Assistaf't City Attorney
Senior Planner
Board Reporter
To provide continuity. items are listed in agenda order although not necessarily discussed
in that order.
The meeting was called to order by the Chair at 2:00 p.m. in City Hall, followed by the
Invocation and Pledge of Allegiance. He outlined meeting procedures and the appeal process.
Minutes Approval -- July 16; 1996
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Member Nixon requested correction on page 6. paragraph 3, stating she thought the
speaker's name was spelled "Sakalariou." Member Merriam noted the vote was missing from
the motion for Item C3, near the middle of page 6. Mrs. Legters verified the vote was
unanimous and corrected the minutes accordingly.
Member Nixon moved to approve the minutes as corrected. The motion was duly
seconded and carried unanimously.
B. Requests for Extension. Deferred and Continued Items
B'. B.J.E..lnc./Pelican Two. Inc./Jammin'z of Clearwater Beach. Inc. To permit
nightclubs, taverns and bars (change of business ownership) at 470 Mandalay Ave,
Clearwater Beach Park ,'1 Addition Replat, Blk A, Lots 2-8, Clearwater Beach Park
"t Addition; alk B, Lots 32-43 and vacated alley, and Clearwater Beach Park, Lots
43-48; 65~7', and part of Lot 64, zoned CB (Beach Commercial) and CR 28 (Resort
Commercial.) CU 96-29
Mr. Hilton presented written background information, stating this item was continued
from the last meeting pending proof of ownership. The Police Department has received several
complaints and made several arrests as a result of special events at the establishment. Staff
supported the request, as it seems appropriate for the property and should not negatively
impact surrounding properties if the recommended conditions are followed. City legal staff
recommended a condition to ensure compatibility with surrounding uses.
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Jim Staack, attorney representing Mr. Rossi, the business owner, and BJE, Inc., was
present to address the board. Assistant City Attorney DougallMSides noted no affidavit of
authorization has been filed to enable Mr. Staack to speak for the applicants. She
recommended for approval to be conditioned upon submission of an affidavit of
authorization within a reasonable time. Consensus was to proceed with the presentation
and require written authorization within 60 days.
In response to a question, Mr. Hilton said there is no condition prohibiting outdoor
speakers, because the open air entertainment nature of the bar is not in close proximity to
residential. It was felt the City noise code would sufficiently cover the situation.
Mr. Staack stated the applicant is seeking continuation of an existing business. He
said the current owner has been operating the business since April, 1996, in compliance
with applicable laws and ordinances. Mr. Staack detailed how each of the standards for
approval is, or will be met in this case. He requested clarification of the conditions to be
allowed to continue playing acoustic music on the outdoor patio. He said a contract with a
local radio celebrity who is conducting contests among the patrons will not be renewed.
One man spoke in support of the application, stating he has known and worked with
Mr. Rossi for 17 years. He characterized Mr. Rossi as a restaurateur wishing to take
advantage of an opportunity to expand. He said the outdoor patio is restric:ted from street
access, and State regulatory personnel have complimented them on the control exerted
over the business.
Sergeant Orin Harris, Clearwater Police Department Vice Unit, was prasent to answer
questions and offer input about the problems experienced since the new owner took over
in April. Referring to a complaint record, he said he has been called six or seven times for
nudity violations, and made several unsuccessful attempts to contact the management
about the violations before a patrol officer was able to contact Mr. Rossi. He related the
types and number of complaints, arrests and other related incidents associated with the
public participation events advertised and conducted by the radio personality. He noted
public nudity is a criminal offense, but carries only a $30 fine each for the violator and the
management. Management is not cited if they cannot be located at the time of the
violation. He expressed concern the fine is so small that it does not represent a deterrent.
He felt management appears indifferent to the complaints and reports of illegal activities
during and after hours.
No written support or opposition was expressed.
In response to questions, Sgt. Harris was unable to suggest any conditions of
approval that might make enforcement easier. He did not feel a suggestion to post notices
prohibiting nudity and after hours drinking would be effective, because the clientele is
primarily local residents who, presumably, are aware of the law. Some of the persons
arrested for public nudity were below the legal drinking age and were intoxicated. It was
indicated severe penalties exist for serving alcoholic beverage to minors, but the
misdemeanor must occur in the presence of an officer before an arrest can be made. He
was not aware of any community in the Tampa Bay area that condones total nudity in
alcoholic beverage establishments.
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In response to a question, Mr. Hilton said he was aware of the circumstances, but
not the frequency of'the violations when the staff recommendations were made.
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Discussion ensued regarding the amount of fines in other municipalities and the
possibility of a code amendment to raise Clearwater's fine to a level that would make the
cost of violations prohibitive, and limit the number of violations that could occur before
revocation of the occupationa/license. Ms. Dougall-Sides indicated code provides that, if a
business allows illegal activities and fails to eliminate such activities after three warnings,
the City Manager may decide to revoke to not to renew the license for causa. The City
Manager's decision may be appealed to the circuit court. One member expressed concern
with taxpayers having to pay the salaries of officers whose services are dedicated to such
businesses. The member wished to initiate revocation processes soon, to encourage
businesses to start cleaning up their acts.
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In response to questions, Sgt. Harris stated he has not talked to Mr. Rossi, but spoke
to two of his managers on July 1 8. Both managers have been cited a number of times. A
uniformed patrol officer was sent to reach Mr. Rossi. Sgt. Harris said, since April, he was
called to the site on three occasions, has issued 10 citations for violations of women
exposing body parts, and issued additional citations against management. It was indicated
the statement on the Police report indicating no adverse information refers to the
applicant's background check. He knew a lengthy process exists to initiate license
revocation, but was not aware of the details of the process. He said initiation of a license
revocation process would likely be referred to Central Permitting Director Scott Shuford.
Further discussion of the board's desire to pursue activating the revocation process was
deferred to the end of the meeting.
In response to cross examination by Mr. Staack, Sgt. Harris reiterated the number of
visits, citations, occasions and circumstances he witnessed at the bar. He has not visited
the bar any night when a wet T-shirt contest was not in progress. He indicated one
female he arrested was underage, had been drinking, and stated she had bought alcoholic
beverages at the bar. He could not determine from the incident report how many of the
complaint calls had heen generated by management. He noted only three calls for an
officer were made between January, 1993 and June, 1996.
In 'his final statement, Mr. Staack recognized this type of business has a greater need
for policing, but that fact does not relate to the applicant's request to continue a legal
business. He and the owners are concerned about violations on the site, but pointed out
the incidents are brief, isolated escapades of nudity, not continual activity. If the City
codes need changing, he hoped the board would not bring that to bear in this case. He
said Mr. Rossi is trying to comply in good faith and wants to open a restaurant, eventually.
. One member pointed out it is not more policing that is needed, but better
--.; management monitoring. Mr. Staack responded he did not say this establishment needs
more policing than any other alcoholic beverage establishment.
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Discussion ensued regarding various types of alcoholic beverage licenses and what
would be needed to operate an establishment with 51 % food sales. It was indicated a
condition prohibiting nudity would not be effective if the management remains indifferent
to the existing laws, and treats the small fines as a cost of doing business. Some
members indicated they would not vote In favor of the request without a trial period.
Others did not favor a trial period because they can produce unintended results. While a
nightclub at this location has not been a problem, historically, some members expressed
strang opposition to activities associated with this particular business in a family oriented
neighborhood. Concern was expressed the activities are contrary to the family atmosphere
promoted by the Clearwater Beach Chamber of Commerce, Blue Ribbon Task Force, and
the hundreds of citizens composing the Clearwater Beach Association. Concern was
expressed this type of nightclub would attract the gang activity that is beginning to be
seen on the beach.
Member Kunnen moved to approve CU 96-29, to permit nightclubs, taverns and bars
(change of business ownership), subject to the following conditions: 1) The applicant shall
obtain the requisite building permit, certificate of occupancy and occupational license
within six months from the date of this public hearing; 2) All site lighting shall be equipped
with a 900 cutoff mechanism, with the light being directed downward and away from
adjoining, residential properties and street rights-ot-way prior to issuance of the requisite
occupational license; 3) The sale ot alcoholic beverages shall be limited to consumption on
premises with no package sales; 4) There shall be no outdoor entertainment; 51 Special
events/entertainment, including competition, contests and concerts shall be compatible
with surrounding uses {41.053(d}2; and 6} This conditional use approval is for a six month
trial period tram the date of this public hearing to determine whether the applicant has
complied with City code and the conditions ot approval. Tho motion was duly seconded.
Concern was expressed condition #5 is too vague. Assistant City Attorney Dougal/-
Sides stated she drafted the language to sufficiently cover the situation under discussion.
If similar events continue to occur, the license revocation process could ensue. She
advised, if the board wants a more specific condition, to concentrate on the land use
provisions for compatibility with surrounding uses, commercial facilities or services.
Concern was expressed the board is being asked to approve a conditional use with
conditions that could shut down the establishment it violations continue, rather than
denying the request in view ot the violations. While the board did not wish to legislate
morality, numerous concerns were expressed with management's apparent knowledge and
indifference to the violation of community standards at the establishment. A Question was
raised whether the public nudity violations are isolated incidents, or a recurring problem.
Upon the vote being taken regarding the motion to approve CU 96-29, Members
Bickerstaffe and Kunnen voted "Aye"; Members Keyes, Nixon, Mazur; Merriam, and Baron
voted "Nay." Motion failed.
Member Baron moved to deny CU 96~29 to permit nightclubs, taverns and bars
(change of business ownership). The motion was duly seconded. Members Keyes, Nixon,
Mazur, Merriam, and Baron voted "Aye"; Members Bickerstaffe and Kunnen voted '1 Nay,'.
Motion carried.
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,~ B2. Time Extension Request - Osama I. Khazendar (Nurserv Amoco) to permit package
sales only of beer and wine (new license) at 18698 US 19, Sec. 19-29-16,
M&B 41.12, zoned CH (Highway CommerciaL) CU 96-09
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Mr. Hilton presented written background information, stating this conditional use was
approved February 20, 1996, subject to three conditions. As neither code nor site
conditions have changed, staff recommended approval of the time extension request.
Mr. Khazendar was present to address the Board. No one was present to speak in
support or opposition to the request.
Two members expressed a continuing concern with allowing the sale of alcoholic
beverages and gasoline at the same establishment.
Member Bickerstaffe moved to approve a six month time extension for CU 96-09.
The motion was duly seconded. Members Keyes, Nixon, Bickerstaffe, Merriam, and
Kunnen voted "Aye"; Members Mazur and Baron voted "Nay." Motion carried.
C. Conditional Uses
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C.1 Judv Bugler/Mullet Media Distribution Corooration, to permit indoor storage and/or
warehousing at 1610 North Myrtle Avenue, E.A. Marshall's Sub, part of Lots 1 & 14
together with Lesley's Sub, Lot 6, and Bayview Heights lilt Add, part of Lot 1. zone
(lnfill Commercial). CU 96-32
Mr. Hilton presented written background information, stating the applicant wishes to
construct' a 5,400 square foot expansion to an existing facility that was used previously
for audio and video media wholesaling and distribution. Staff felt conditions support the
request and recommended approval with six conditions.
Ben Bugler. representing the applicant, questioned a condition discouraging a "blank
facade" being presented to North Myrtle or North Fort Harrison Avenues. It was indicated
the City is encouraging use of similar materials and architectural elements, to promote
visual continuity and avoid a warehouse look. Mr. Bugler expressed concern he does not
want windows in his warehouse for security reasons.
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Mr. Bugler responded to questions regarding landscaping requirements and existing
large trees on the property. Mr. Hilton stated a tree survey will be required. The front
entrance is on Myrtle Avenue. The back doors facing North Fort Harrison are never used,
but are required for a fire escape. Large plywood ,Christmas figures currently standing
outside the north end of the building will be moved inside the warehouse. Mr. Bugler
stated he does not use semi tractor-trailers in his business, but pointed out he cannot
determine the type of vehicles freight carriers might use to deliver products to his facility.
No verbal or written support or opposition was expressed.
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Member Kunnen moved to approve CU 96~32 for indoor storage andlor warehousing
subject to the following conditions: 1 ) The applicant shall obtain the requisite building
permit, certificate of occupancy and occupational license within six months from the date
of this public hearing; 2) All site lighting shall be equipped with a 900 cutoff mechanism,
with the light being directed downward and away from adjoining residential properties and
street rights~of.way prior to issuance of the requisite occupational license; 3) Shipping and
receiving activities shall not occur between the hours of 10:00 p.m. and 7:00 a.m.
Monday through Saturday, with no deliveries on Sundays; 4} No tractor-trailers shall be
used in the wholesale and distribution operation; 5) The site shall meet the landscaping
requirements of the Land Development Code, as recommended and enforced by staff; and
6) the proposed addition shall be constructed in a similar architectural style as the existing
building and shall not present a "blank facade" to either N. Myrtle or N. Ft. Harrison
Avenues, as determined by the City's Design Planner. The motion was duly seconded and
carried unanimously.
C.2 Bav Bazaar Partnershio (luckv Garden Chinese &. Seafood Restaurant) to permit
restaurants in excess of 10% of gross floor area of a retail complex at 733 South
Gulfview Boulevard, Bayside Shores, Blk C, Lots 1.10, zoned CB (Beach
Commercial). CU 96-33
Mr. Hilton presented written background information, stating the owners wish to
expand an existing restaurant to remain competitive. It was indicated the request appears
appropriate for the property and should not negatively impact surrounding properties. Staff
recommended approval with three conditions.
Mrs. Kebort, representing the business owner, stated she wishes to acquire the
property next door and expand the restaurant 623 square feet. She will not add seating,
but wishes to move 23 existing outdoor seats inside. Board members indicated they
would not object if Mrs. Kebort should decide to resume outdoor seating in the future and
did not support a condition prohibiting it.
Member Mazur moved to approve Item CU 96~33 to permit a restaurant in excess of
10% of gross floor area of a retail complex subject to the following conditions: 1) The
applicant shall obtain the requisite building permit, certificate of occupancy and
occupational license within six months from the date of this public hearing; and 2) All site
lighting shall be equipped with a 900 cutoff mechanism, with the light being directed
downward and away from adjoining residential properties and street ri9hts~of-way prior to
issuance of the requisite occupational license. The motion was duly seconded and carried
unanimously.
C.3 Alan C, Bomstein/Nancy Bomstein Uncredible Edibles} to permit package sales only of
beer and wine (new license) at 61 a Drew Street, Jones Sub of Nicholson's, Blk 6,
Lots 3,4, and 5 and part of Lots 2 and 6, zoned UC (C) (Urban Center (Core)).
CU 96-34
Mr. Hilton presented written background information, stating the applicant is seeking
the license in order to be able to include bottles of wine in the special occasion gift
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baskets they create for sale to the public. Staff felt conditions support the request and
recommended approval with two standard conditions.
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Nancy Bomstein, the business owner, was present to address the board. No verbal
or written support or opposition was expressed.
Member Kunnen moved to approve CU 96-34 to permit package sales only of beer
and wine (new license), subject to the following conditions: 11 The applicant shalt obtain
the requisite building permit, certificate of occupancy and occupational license within six
months from the date of this public hearing; and 2) All site lighting shall be equipped with
a 900 cutoff mechanism, with the light being directed downward and away from adjoining
residential properties and street rights-of-way prior to issuance of the requisite
occupational license. The motion was duly seconded and carried unanimously.
C.4 Workbench. Inc. (GreenBenches &. Morel to permit outdoor retail sales, displays
and/or storage' at 703 Franklin Street, Magnolia Park, Blk 11, part of Lots 2,3,8, &
9, zoned UC(C) (Urban Center(Core)). CU 96-35
Mr. Hilton presented written background information, stating the applicant wishes to
display wooden furniture he builds for retail sale on a new outdoor deck, created for the
purpose. Staff felt conditions support the request and recommended approval with two
standard conditions.
.0..... ' "Flash" Gordon Williamson, the owner/applicant. stated he has operated his business
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,'"-,.....1 at this location for more than 14 years. The deck is an extension of his new outdoor
furniture showroom, designed to display his merchandise in a natural setting.
One member commended Mr. Williamson for his wonderful products. No verbal or
written support or opposition was expressed.
Member Nixon moved to approve CU 96-35, to permit outdoor retail sales, displays
and/or storage, subject to the following conditions: 1) The applicant shall obtain the
requisite building permit, certificate of occupancy and occupational license within six
months from the date of this public hearing; and 2) All site lighting shall be equipped with
a 900 cutoff mechanism, with the light being directed downward and away from adjoining
residential properties and street rights-of-way prior to issuance of the requisite
occupational license. The motion was duly seconded and carried unanimously.
C.5 Svbil M. & SteDhen C. OsburQ (Burning Bridges Design Studio) to permit
manufacturing at 700 Court Street, Magnolia Park, Blk 11, part of Lots 9 &. 10,
zoned UC(C)(Urban Center(Core)). CU 96.36
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Mr. Hilton presented written background information, stating the applicant wishes to
use an existing facility to cut fabric and sew swim wear and sports wear for retail sale.
Staff wished to ensure any exterior changes to the building, signs, or site will undergo
Design Review Board review, as determined by the Design Planner. Staff felt conditions
support the request and recommended approval with four conditions.
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Hiram Berry, part business owner, stated they wish to be allowed to use existing
sewing machines and equipment to produce garments. In response to a question, Mr.
Berry said they can do custom work, but prefer to concentrate on their own designs. It
was indicated the previous owner/designer used this location for the same purpose and
created no problems for the surrounding properties.
Member Nixon moved to approve CU 96-36, to permit manufacturing, subject to the
following conditions: 1) The applicant shall obtain the requisite building permit, certificate
of occupancy and occupational license within six months from the date of this public
hearing; 2) All site lighting shall be equipped with a 900 cutoff mechanism, with the light
being directed downward and away from adjoining residential properties and street rights-
of-way prior to issuance of the requisite occupational license; 3) All proposed signage shall
be in compliance with the City sign code; and 4) Any exterior changes to the building,
I signs, or site wiU require approval by the Design Review Board, as determined by the City's
Design Planner. The motion was duly seconded and carried unanimously.
C.G Time Warner CommunicationslParaaon Communications to permit a utility facility
(remote switching station) at 620 Druid Road, Magnolia Park, Blk 27, part of Lot 7,
zoned OL (Limited Office). CU 96-37
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Mr. Hilton presented written background information, stating the applicant wishes to
locate a TCI television reception/CA T8 transmission/telecommunications facility on a
vacant lot on the west side of the adjacent CSX Railway/Pinel/as Trail. The facility is to be
unmanned, with the only noise coming from air conditioning units (and generators in case
of a power shortage.) One parking space is provided for an employee who will check on
the equipment. The building will be block with stucco. A parking area will separate the
property from the adjacent business to the west. Landscaping should meet Land
Development Code requirements for screening and aesthetics.
Richard Hoffmeister, technical manager for the property owner, stated they have
submitted new design drawings for a 1,200 square foot facility with a residential or office
look. No exterior discs or antennae will be present. He displayed a rendering of a 400
square foot structure built in Safety Harbor forthis type of use. The current proposal will
have the same architectural elements.
Board members did not understand the code requirement for a large driveway and
screened dumpster at this unmanned facility. Mr. Hoffmeister responded to questions
regarding the outdoor generator.
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Mike Ross, with King Engineering, responded to questions, stating they will comply
with minimum landscaping standards, unless otherwise indicated by the board. Board
members recommended trees and additional landscaping to soften the appearance of the
facility in this high profile location along the Trail. Discussion ensued regarding the type,
size, and density of landscaping needed to effectively screen the facility. Brief discussion
ensued regarding proposed building colors.
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Staff was asked to review and approve an increased landscaping plan, and to ensure
a variance to lot width is requested of the Development Code Adiustment Board. It was
indicated Traffic Engineering approval would be needed to reduce the driveway width.
When Mr. Shuford arrived, he suggested language for a condition changing the dumpster
requirement.
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Member Mazur moved to approve CU 96-37 to permit a utility facility (remote
switching station) subject to the following conditions: 1} The applicant shall obtain the
requisite building permit. certificate of occupancy and occupational license within six
months from the date of this public hearing; 2) All site lighting shall be equippsd with a
900 cutoff mechanism, with the light being directed downward and away from adjoining
residential properties and street rights-of-way prior to issuance of the requisite
occupational license; 3) The structure must be constructed in an architectural style similar
to a residence or office building and shall not present a "blank" facade to Druid Road, as
determined by the City's Design Planner; 4) A variance to the lot width must be obtained
from the Development Code Adjustment Board; 5) Due to the location of the facility,
landscaping shall exceed code requirements and a landscaping plan shall be reviewed and
approved by Environmental Management and Central Permitting staff; 6) Solid waste
pickup shall be by 90-gallon container only; and 7~ The site plan shall undergo
Development Review Committee review. The motion was duly seconded and carried
unanimously.
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Annexation, Zoning, land Use Plan Amendment, land Development Code Text
Amendment, and Local Planning Agency Review
D.1 1460 Sunset Point Road. Sunset Highlands Unit 2, Lot 11 (Betty P. Rawlings, TRE)
A 96.24, Zone: RS 8 (Single Familv Residential)
Mr. Hilton presented written background information, stating staff recommends
endorsement of annexation to obtain City sewer and garbage service.
Member Nixon moved to endorse A 96-24 to the City Commission. The motion was
duly seconded and carried unanimously.
0.2 20162 US 19 N. Sec. 18-29-16, part of M & B 44.04, Sever Park. part of Lot 3 (Asa
J. & Katherine J. Lewis) Z 96-07; LUP 96-04
Mr. Hilton presented written background information. stating staff has been working
with the applicants' engineers for more than two years to change their designation from
residential to preservation district. Staff recommended endorsement.
Member Nixon moved to endorse Z 96-07 and LUP 96-04 to the City Commission.
The motion was duly seconded and carried unanimously.
\..,)
0.3 Ordinance 6072.96 of the City of Clearwater, Florida, amending the Comprehensive
Plan of the City, including amendments to the future land use element as required by
Florida Statute 163, related to the Public Education Facility Siting Act; providing an
effective date.
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Mr. Shuford presented written background information, stating 1995 legislation was
adopted that enables cities to use local code requirements to regulate development of
school sites, and ensures schools may be located in residential areas. Several local
governments worked with the Pinellas Planning Council and the School Board for more
than a year to develop a uniform system of applying development criteria. Mr. Shuford
said the City's Comprehensive Plan and land Development Code regulations will change as
a result of this legislation and asked for the board's endorsement.
In response to questions, Mr. Shuford explained this legislation will mitigate the
problem of school boards being exempt from municipal requirements. City planners will be
allowed to review school board site plans and make suggestions for adherence to the land
Development Code with regard to site and zoning concerns. The amendment standardizes
a process that has been under development for the past two years and clarifies the City's
authority to approve school sites in relation to flood plains and traffic issues. This
provision does not address City building code issues and construction will not be subje~t to
City building inspection.
One member pointed out the City should be able to require more stringent building
standards ara when designating schools as storm shelters. Mr. Shuford stated the
structure would have to meet State requirements that would likely be more stringent.
Member Kunnen moved to endorse Ordinance 6072-96 to the City Commission.
The motion was duly seconded and carried unanimously.
0.4 Ordinance 6076-96 of the City of Clearwater, Florida, relating to the land
Development Code; amending Sections 40.034, 40.043, 40.084, 40.104, and
40.053, Code of Ordinances, to allow noncommercial parking as a conditional use in
single family residential districts, to identify applicable standards therefor; providing
an effective date.
Mr. Shuford presented written background information, stating this amendment
streamlines parking standards. He was confident the board would carefully review each
noncommercial parking conditional use for impacts to surrounding single family uses.
Member Nixon moved to endorse Ordinance 6076-96 to the City Commission. The
motion was duly seconded and carried unanimously.
Board and Staff Comments -- Discussion
Plannino & Zonina Board Annual Report to the City Commission
.
Mr. Shuford reviewed a draft of the report with board members and requested their
input regarding future goals. The report was prepared according to a format that is being
standardized among advisory boards.
Member Nixon requested changes to language on the first page regarding calculation
of the number of hours board members prepare for and attend meetings. She requested
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including, as board priorities. the following code amendments~ 1) to require alcoholic
beverage establishments to pay for private security instead of depending so heavily on City
police resources: and 2) raising the fine for public nudity to an amount that would not be
considered a small cost of doing business in alcoholic beverage establishments. Member
Mazur questioned the number of conditional use cases reported. Mr. Shuford will
investigate. Suggestions were made to change the way some member's names are listed.
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Member Nixon questioned if it is possible to change advertising of continued cases or
trial period reviews when what is being requested is changed by the board or the applicant.
Ms. Dougall-Sides will investigate a way to change subsequent advertisement to more
accurately reflect the current request in continued cases and trial period reviews.
Lobbvist Reaistration Ordinance
Mr. Shuford distributed the latest version received from the City Clerk, stating
Planning and Zoning Board members are still obligated to comply.
The meeting recessed from 4:38 to 4:43 p.m.
ProDosed Mandalav Avenue Streetscaoe Imorovements - Scott Shuford
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Mr. Shuford delivered a slide presentation prepared as part of a preliminary concept
plan coordinated and prepared by staff, at the direction of the City Commission. The plan
was introduced during an informational community meeting held July 17 at Memorial Civic
Center. Photographs of existing conditions along Mandalay Avenue were compared to
computer enhanced photographs showing how major streetscape improvements could be
accomplished to create a more pedestrian oriented environment. He observed recent
improvements to City and commercial developments show attention to the Tropical
Seascape theme, but much more needs to be done.
With buildings constructed up to the property lines along Mandalay Avenue, an
accumulation of signs, equipment and outdoor storage contributes to the crowded
conditions of the narrow sidewalks. Mr. Shuford demonstrated how better utilization and
maintenance of clear space, brick sidewalk and crosswalk treatments, benches, gas lights,
enhanced landscaping, buried power lines, and mast arm traffic signals will dramatically
improve the ambiance of the right-of-way. Traffic lane recontiguration to eliminate a four
foot wide strip down the middle of the street, and reduction of on-street parking, will allow
better utilization of space. Through computer graphics, he showed an effective, attractive,
and overall pedestrian and tourist friendly environment that could be created on the beach.
He displayed a conceptual drawing showing simulated brick crosswalks bordered by bands
of rock-salt textured concrete, extensively landscaped traffic neck.outs. benches and
additional palm trees. At the community meeting, residents and business owners who had
been skeptical received the plan well and hoped it can be Implemented soon.
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Close coordination is needed with the community, regarding disruption of activities
and loss of parking. Staff will work closely with the area property owners and merchants
to determine their needs and desires, and to avoid conflicts with next winter's tourist
season. Due to the extensive planning and coordination required, a construction date is
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not set, but Mr. Shuford estimated startup in the Summer or Fall of 1997. A preliminary
cost estimate of $850,000 to $1 million for the streetscape project depends on the
intensity of landscaping used, and includes the cost of burying power lines. The City
Commission has given approval to begin the project. Staff will keep the board informed as
the process evolves.
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Mr. Shuford said City Design Planner Don McCarty, who was instrumental in St.
Petersburg's Central Avenue streetscape project, will contribute his planning and design
expertise to the Mandalay Avenue project. General discussion ensued regarding adherence
to a design theme, accommodating mass transit, drainage considerations due to the small
slope, changing streetlight design, and extending improvements into side streets. Design
will be consistent with the style of Pier 60 and other new development where necessary
and possible. It was not known what roJe the skateboard ordinance will have in the new
design. Dumpster location and screening will be carefully addressed.
Concern was expressed with losing about 32 parking spaces. Staff was requested
to address the beach parking issue comprehensively. Mr. Shuford said a parking
consultant has identified options that include an elevated parking garag~, and
reconfiguration to make better use of existing parking. Discussion ensued regarding
crosswalk placement, design and lighting for pedestrian safety, and the best location for a
parking garage. One member urged staff to consider changing the traffic flow to two
Janes with a center turn lane, as was done downtown. Mr. Shuford said City Traffic
Engineering indicates four lanes are needed to carry the traffic volume.
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Mr., Shuford said the City's goal is to create a streetscape that will contribute to the
full, wonderful experience vacationers expect in today's tourist market. He felt the
streetscape proposal will be a drawing point and is a step in the right direction.
Adjournment
The meeting adjourned at 5:19 p.m.
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Board Reporter
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